City of Morgantown powers. (House Bill No. 5.) CHAPTER 144. AN ACT to create the municipal corporation of "The City of Morgantown" in the county of Monongalia, to grant a charter thereto, and to annul the charter of the town of Morgantown, the town of South Morgantown, the town of Greenmont, and the town of Seneca. [Passed January 24, 1901. In effect from passage. Approved January 30, 1901.] Be it enacted by the Legislature of West Virginia: The City of Morgantown, 1. That the inhabitants of that portion of Mononincorporated; galia county in the State of West Virginia, included Corporate in the boundary described in section two of this act, be and they are hereby made a municipal corporation by the name of "The City of Morgantown," by which name they shall have perpetual succession and a common seal, and by which name they may sue and be sued, plead and be impleaded, contract and be contracted with, and purchase, otherwise acquire, and hold real estate and personal property needed in the discharge of the functions of government conferred by this charter. New corporate lines. Boundaries. 2. The corporate boundaries of the said city shall be as follows, that is to say: Beginning at Target Rock, a large rock in the Monongahela river below Morgantown, said Target Rock being nearest the right bank of said river, thence north fifty-six degrees east, two hundred and three and eight-tenth poles to a locust on the northeast side of the Collins' ferry road, opposite to the entrance to a lane leading to Oliver H. Dille's farm house; thence south sixty-one degrees and fifteen minutes east, two hundred, fifty-three and seven-tenth poles to a post on the southeast side of the Stewartstown road, opposite the intersection of a lane leading to the Hoffman farm house, and the intersection of the old and new Stewartstown roads; thence south fifty-eight degrees and two minutes east, two hundred, one, and five-tenth poles to a stone on the southeast side of the Ice's ferry pike, at its intersection with the old Robinson road; thence south eleven degrees and nine minutes east, two hundred, nineteen, and five-tenth poles to a stone on the south-west side of the Decker's creek road, opposite its intersection with the Sturgiss road; thence south thirty- four degrees and fifteen minutes west, two hundred, thirty-one, and five-tenth poles to a large stone on the top of the hill on land of George Harner; thence south fifty-eight degrees and twenty-five minutes west, two hundred, twenty-seven, and five-tenth poles to a stone on the north-east side of the Kingwood pike, at its intersection with a lane leading to the William Will's farm house; thence south sixty-seven degrees and fifty-three minutes west, three hundred and forty-four poles to a stone at the intersection of the Evansville pike, with the Morgantown and Fairmont road; thence north eighty-eight degrees and twenty-five minutes west, seventeen and eighty-eight one hundredths poles to a sycamore on the right bank of the Monongahela river; thence with the shore line of said river and down the same to Target Rock, the place of beginning. Wards. created. 3. The territory included in the said city shall, wards, how from time to time, be divided into wards by the common council thereof. The wards shall be as nearly equal as may be in area and population, and when the wards and the boundaries thereof shall have been once established by an ordinance of the common council, the wards shall thereafter be entitled to elect an equal number of councilmen; but until such estab- -wards lishment of wards by an ordinance of the common council, the wards shall be as follows, and shall be entitled to elect the number of councilmen provided for in the twelfth section of this act: established. The first ward shall include the territory within -first ward. the corporate limits of the town of South Morgan town, together with all additional territory included in the city limits under this act lying south of the Kingwood pike. The second ward shall include all the territory with second ward -third ward. -fourth ward. Common council, who to be. -word "council" construed Corporate powers, how exercised. Subordinate officers, how appointed. Who entitled to hold office. in the corporate limits of the town of Greenmont, together with all additional territory included in the city limits under this act lying north of the Kingwood pike and south of Decker's creek. The third ward shall include all territory within the corporate limits of the town of Morgantown, together with all additional territory included in the city limits under this act lying between Falling Run and Decker's creek. The fourth ward shall include all the territory within the corporate limits of the town of Seneca, together with all additional territory included in the city limits under this act lying north of Falling Run and on the east side of the Monongahela river. Municipal Authorities. 4. The municipal authorities of the said city shall consist of a mayor, a recorder, and not less than nine councilmen, who together shall form a common council. The word council in this act shall be construed as synonymous with common council. Exercise of Corporate Powers. 5. All the corporate powers and functions pertaining to the said city shall be exercised by its common council, or under its authority, in the corporate name of the city, unless otherwise provided by state law or municipal ordinance. Subordinate Officers. 6. The mayor shall nominate, and, by and with the advice and consent of the council, shall appoint a superintendent of streets, a chief of police, an attorney, an assessor, a collector, a treasurer, and all other officers whose offices may be established by an ordinance of the council. Eligibility of Officers. 7. No person shall be eligible to the office of mayor, recorder, or councilman, unless at the time of his election he is legally entitled to vote in the city election for member of the common council, and was for the preceding year assessed with taxes upon real or personal property within the said city of the assessed value of five hundred dollars, and shall actu ally have paid the taxes so assessed. And no person shall be eligible to any subordinate office under said. city, who is not at the time of his election or appointment entitled to vote for members of the common council. Tenure of Office. elective 8. The officers first elected in said city shall hold Terms of their offices until the first day of May in the year one officers. thousand nine hundred and two, and until their successors are elected and qualified. The terms of all officers elected after the first election held under this act, shall commence on the first day of May next after their election, and shall continue for one year, and until their successors are elected and qualified, unless they are sooner removed in the manner required by law. All appointed officers shall hold their offices of officers during the pleasure of the common council. Powers, Duties, and Compensation of Officers. appointed. ers, duties 9. The powers, duties, and compensation of all of- Officers; powficers shall be established by ordinance. But the com- and compenpensation pertaining to any office shall not be increas- sation of. ed or diminished so as to affect any officer subsequent to his election or appointment and during the term for which he was elected or appointed. Vacancies in Office. elective 10. Whenever a vacancy shall occur from any Vacancies in cause in the office of mayor, recorder, or councilman, offices, the common council shall fill the same by election by a viva voce vote until the end of the term. Who Are Voters. how filled. to vote and 11. Every person who has been a bona fide resident Who entitled of the city for six months next preceding the city elec- where. tion therein, and who is a qualified voter under the constitution and laws of this State, shall be entitled to vote at any city election, in the ward in which he actually resides. But no person shall be deemed a resident of such city by reason of being a student of First election; when and where. -how conducted, etc. any school or college therein, or by reason of being stationed therein for any temporary purpose. First Election of Officers. 12. The first election in said city under this act shall be held on the first Thursday in April, in the year one thousand nine hundred and one, at the regular voting place or places in each ward, under the supervision of the common council of the town in which each voting place is situated, and shall be conducted, certified, returned, and finally determined, as near as may be, in accordance with the law in force in this State governing municipal elections on the first day of January, one thousand nine hundred and one. At this election there shall be elected by the voters within the corporate limits of the said city, a mayor and a recorder, and by the voters within each of the wards designated in section three of this act, the following number of councilmen, that is to say: -number of By the voters of the first ward, two councilmen; by -who to be elected. Councilmen elected. -notice of election. -duty of council of towns in cluded in cor as to result of the voters of the second ward, one councilman; by the voters of the third ward, four councilmen; by the voters of the fourth ward, two councilmen. Notice of such election shall be given by a joint proclamation of the mayors of the towns of Morgantown, South Morgantown, Greenmont, and Seneca, or by a publication of this section by the recorder of the town of Morgantown, published in some daily newspaper published in said city, for a period of ten days (Sundays excepted) next preceding such election. The common council of each of the towns of Morgantown, South Morgantown, Seneca, and Greenmont, or porate limits a majority thereof, shall, as soon as the results of the such election. Said election are ascertained in their town, make and sign a certificate containing a statement of the results of said election at each voting place under the supervision of such common council, as to each, of ficer voted for under the provisions of this act, which shall conform in all essential respects to the certificates required by law to be made out and signed by the board of canvassers in each county for state of ficers. The said certificates shall be enclosed in an envelope, together with the ballots, and the certifi cates of the commissioners holding such elections, which shall be sealed up and endorsed by the members |